The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
Many contracts will include an express provision giving one or both parties the right to terminate where the other party is in material breach. An election to terminate a contract for breach (or repudiation) discharges the parties from the obligation to perform (or to be ready and willing to perform) their respective contractual duties (Heyman v Darwins Ltd at 367). Lord Porter explained in Heyman: ‘the fuller expression that the injured party is thereby absolved from future performance of his obligations under the contract is a more accurate description of the position’.
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